. >> jim crow is a different situation because that was enforced by the power of the state. here it's individual businesses that are being given the decision if i don't want to serve people in red t-shirts that should be my freedom we'll see how businesses thrive. i have a feeling that those businesses that advertise themselves being open to gays will be doing better off than those who say that we will not serve them. >> the fact ta of the matter tht law in arizona and missouri and georgia and kansas is completely unconstitutional by the kato argument if there was a state that passed a referendum allowing slavery you wouldn't let the government -- >> that would violate the 13th amendment. >> i see. and so by the same argument, you are violating the 14th amendment when you discriminate people based on race, based on gender, based on sexual orien station. [speaking at the same time] >> it's not a matter of red. >> reporter: shirts it's a matter of the color of their skin or being gay, lesbian -- >> this is a hot topic for all of us. >> there is a difference in state action and